Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 1 of 20 Page ID #:1448
`Case 2:19-cv-06301—AB-KS Document 76-13 Filed 06/26/20 Page 1 of 20 Page ID #: 1448
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`EXHIBIT M
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`EXHIBIT M
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 2 of 20 Page ID #:1449
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 2 of 20 Page ID #:1449
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`Attorney Docket No.: 003603 USl
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Goris et a1.
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`12/097,121
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`June 12, 2008
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`Detection and Compensation Method for
`Monitoring the Place of Activity on the Body
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`3736
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`Emily M. Lloyd
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`8272
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`Applicant(s)
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`Serial No.
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`Filed
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`For
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`Group Art Unit
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`Examiner
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`Confirmation No.
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`Mail Stop: Amendments
`Commissioner for Patents
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`PO. Box 1450
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`Alexandria, VA 223 1 3- 1450
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`W
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`In response to the Non—Final Office Action mailed May 27, 2010, in the above-
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`identified application, please enter the following amendments and consider the following
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`remarks :
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`PA00028944
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`PA00028944
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 3 of 20 Page ID #:1450
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 3 of 20 Page ID #:1450
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`Attorney Docket No.1 003603 USl
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`IN THE ABSTRACT
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`Please replace the Abstract with the following amended paragraph:
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`A measuring system [[(l)]] comprises a sensor [[(6)]] arranged to be attached to a subject
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`for obtaining a measured value representing a physical or a physiological quantity of the
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`subject. The measuring system further comprises mews a microprocessor for deriving a
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`subj cot-related value from the measured value. The sensor is arranged to be attached at
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`one of a plurality of positions on the subject. The mcasuring system further comprises
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`means a microprocew for establishing the position of the sensor on the subject. The
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`means microprocesso_r for deriving the subject-related value is arranged for deriving the
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`subj ect—related value also in dependence on the position ofthe sensor on the subject.
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`PA00028945
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`PA00028945
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 4 of 20 Page ID #:1451
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 4 of 20 Page ID #:1451
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`Attorney DocketNo.: 003603 USl
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`IN THE DRAWINGS
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`The attached sheets contain changes to Figures 1A, 1B, 1C, and 7. In Figure 1A,
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`character 23 has been omitted. In Figure 1B, character 7 has been omitted. In Figure 1C,
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`character 8 has been omitted. In Figure 7, arrowheads have been added throughout the
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`figure and a symbol has been added to step 142. These sheets, which contain Figures 1A,
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`18, 1C, 1D, and 7, replace the original sheets containing these figures.
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`Attachments: Replacement Sheets
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`Annotated Sheets showing changes
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`PA00028946
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`PA00028946
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 5 of 20 Page ID #:1452
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 5 of 20 Page ID #:1452
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`Attorney Docket No.: 003603 USl
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`IN THE SPECIFICATION
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`Please replace the paragraph at page 9, lines 23-35 with the following amended
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`paragraph:
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`Figure 4 shows an embodiment of the method according to the invention for activity
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`monitoring applicable to the case where the sensor 6 is attached at a reference position. In
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`step 100, the sensor 6 delivers a measurement value at the reference position. Preferably,
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`the sensor 6 is a tri~axial accelerometer, and the measurement value is a triple containing
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`acceleration information in X, Y, and Zvelireetien Z-directions. In step 101, the activity
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`monitor computes the corresponding activity parameter, for example energy expenditure.
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`For a tri—axial accelerometer attached to the back of the waist, a method to compute the
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`corresponding energy expenditure is disclosed in “Daily physical activity, energy
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`expenditure and physical fitness; assessment and implications” by Guy Plasqui, PhD.
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`thesis, Maastricht University, 2004, lincorporated herein by referencel referred to
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`hereinaftcr as “Plasqui”. The back of the waist is near the center of the body and a tri—
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`axial accelerometer attached thereto provides a good estimation of overall movements.
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`Please replace the paragraph at page 11, line 33 - page 12, line 6 with the following
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`amended paragraph:
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`After the position of the sensor 6 on the subject has been determined in step 116, and the
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`position is not a reference position (step 118, branch 122), in step 119 the measured value
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`is compensated for by the difference between the value at the position at which the sensor
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`is attached and the corresponding value at a reference position, making use of the
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`information in a compensation database 120, in a way similar to the embodiment
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`according to Figure 5A. However, if the position is a reference position, {step 118, branch
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`123 l, the method continues to step 121. Finally, in step 121 the activity parameter is
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`computed from the [[,]] possibly compensated [[,]] measured value [[,]] in a way similar
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`to the embodiment according to Figure 5.
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`PA00028947
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`PA00028947
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 6 of 20 Page ID #:1453
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 6 of 20 Page ID #:1453
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`Attorney Docket No.: 003603 USI
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`Please replace the paragraph at page 12, line 16 — page 13, line 2 with the following
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`amended paragraph:
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`Figure 7 shows a diagram of an embodiment of an initialization procedure for the
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`compensation database. In this embodiment, a sequence of steps is performed iteratively.
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`As a first step 130, i and j are both initialized to 1. Each iteration starts with step 131
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`comprising an instruction to the subject to perform predefined activity 1'. The instruction
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`can comprise a spoken instruction to walk, sit, or stand, or it can for example comprise
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`showing the activity on a display for a predefined duration. Then, in step 132 the subject
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`performs the predefined activity 2', while the sensor 6 attached at positionj on the subject
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`measures a physical value, in this case tri—axial acceleration, in step 133. Next, in step
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`134 the essential features are extracted from the measured value signal and stored in a
`feature database 135. These essential features may comprise decision rules or constants
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`that are part of decision rules, similar to the constants A, B, C, and D appearing in the
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`description of the embodiment according to Figure 6. Similarly, essential signal patterns
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`can be stored in the time domain, frequency domain, time—frequency domain, or any other
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`domain or combination of domains. Simultaneously, if position j is not a reference
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`position (step 136, branch 145), in step 137 compensation parameters describing the
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`difference between the measured value at the position of the sensor 6 on the subjcct and
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`the corresponding value at a reference position are determined and stored in a
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`compensation database 138. However, if position 1' is a reference position {step 136,
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`branch 144), then the method proceeds to step 139. These compensation parameters may
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`comprise constants appearing in the compensation method, similar to the constants a, b,
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`a,, and bi; occurring in the description of the embodiment according to Figure 5A.
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`Please replace the paragraph at page 13, lines 3—8 with the following amended paragraph:
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`To conclude an iteration, i is increased in step 139, and if z' is smaller than or equal to the
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`number of predefined activities (step 140, branch 147), the iteration steps are repeated;
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`otherwise (step 140, branch 1461, j is increased in step 141, and ifj is smaller than or
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`equal to the predefined number of positions (step 142, branch 148), i is set to 1 in step
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`PA00028948
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`PA00028948
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 7 of 20 Page ID #:1454
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 7 of 20 Page ID #:1454
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`Attorney Docket No.: 003603 USl
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`143 and the iteration Steps are repeated. Ifj is greater than the predefined number of
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`positions (step 142, branch 149), the initialization procedure is finished.
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`PA00028949
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`PA00028949
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 8 of 20 Page ID #:1455
`Case 2:19-cv-06301—AB-KS Document 76-13 Filed 06/26/20 Page 8 of 20 Page ID #:1455
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`Attorney Docket No.: 003603 US]
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`IN THE CLAIMS
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`Please amend the claims as follows:
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`1. (Currently Amended) A measuring system [[(1)]] comprising;
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`a sensor [[(6)]] arranged to be attached at one of a plurality of positions on a
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`subject for obtaining a measured value representing a physical or a physiological quantity
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`of the subject, [[and]]
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`means for establishing thepesitieele which of the pluralitv of subject positions
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`the sensor is attached to eathe—subjeet, and
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`means for deriving a subject-related value from the measured value also in
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`dependence on the position of the sensor on the subject.
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`2. (Currently Amended) The measuring system [[(l)]] according to claim 1, wherein the
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`plurality of positions includes at least two of the following: a wrist, a lower arm, an upper
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`arm, a lower leg, an upper leg, a waist, a chest, a neck, a head.
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`3. (Currently Amended) The measuring system [[(1)]] according to claim 1, wherein the
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`derived value comprises an activity parameter of the subject.
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`4. (Currently Amended) The measuring system [[(1)]] according to claim 3, wherein the
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`activity parameter comprises energy expenditure.
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`5. (Currently Amended) The measuring system [[(1)]] according to claim 1, wherein the
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`activity parameter represents a degree of activity of the body part the sensor is attached
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`to.
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`6. (Currently Amended) The measuring system [[(1)]] according to claim 1, wherein the
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`measured value comprises at least one of temperature, ECG, or accelerationrinpartieul-ar
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`l
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`PA00028950
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`PA00028950
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 9 of 20 Page ID #:1456
`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 9 of 20 Page ID #:1456
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`Attorney Docket No.: 003603 US]
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`7. (Currently Amended) The measuring system [[( 1)]] according to claim 1, further
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`comprising means for selecting a subset of a predefined set of further physical and/or
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`physiological quantities of the subject in dependence on the position of the sensor on the
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`subject, and the sensor is arranged for generating a further measured value for each
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`quantity in the selected subset.
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`8. (Currently Amended) The measuring system [[(1 )]] according to claim 1, further
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`comprising:
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`means for converting the measured value into an estimated measured value
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`related to a reference position on the subject, and
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`means for deriving the subject-related value from the estimated measured value.
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`9. (Currently Amended) The measuring system [[(l)]] according to claim 1, wherein the
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`means for determining the position of the sensor on the subject is arranged for performing
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`the determining in dependence on the measured value.
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`10. (Currently Amended) The measuring system [[(1)]] according to claim 9, further
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`comprising means for obtaining from the sensor [[(6)]] a plurality of measured values
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`measured during a time interval, and wherein the means for determining the position of
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`the sensor on the subject is arranged for performing the determining in dependence on the
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`measured values measured during the time interval.
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`11. (Currently Amended) The measuring system [[(1)]] according to claim [[9]] 10,
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`wherein the means for determining the position. of the sensor [[(6)]] on the subject is
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`arranged for performing the determining on the basis of a predefined set of rules related
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`to the measured value or measured values measured during the time interval,
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`respectively.
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`12. (Currently Amended) The measuring system [[(1)]] according to claim 10, wherein
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`the means for determining the position of the sensor [[(6)]] on the subject comprises
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`means for performing a pattern recognition of a signal derived from the measured values
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`PA00028951
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`PA00028951
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 10 of 20 Page ID
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`PA00028952
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 11 of 20 Page ID
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`PA00028953
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 12 of 20 Page ID
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`PA00028954
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 13 of 20 Page ID
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`PA00028955
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 14 of 20 Page ID
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`PA00028956
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 15 of 20 Page ID
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`PA00028957
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 16 of 20 Page ID
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`PA00028958
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 17 of 20 Page ID
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`PA00028959
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 18 of 20 Page ID
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`PA00028960
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 19 of 20 Page ID
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`PA00028961
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`Case 2:19-cv-06301-AB-KS Document 76-13 Filed 06/26/20 Page 20 of 20 Page ID
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`PA00028962
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